Contingent Contract and Quasi Cont
Jul 28, 2015
Contingent Contract and Quasi Contract
• Masum Billah 2014010000012
• Zahidol Islam Roman 2014010000310
• Tusar Ahmed 2014010000167
• Rafiqul Islam 2013210000308
• Musfiqur Rahman 2014010000275
Contingent contract of introduction
A contract may be either absolute or contingent.
Contingent contract is one where the promisor undertake to
perform the contract which is depended on the happening of
a special future uncared event which is collateral.
All wagering agreement are basically contingent agreement
but all the contingent contract are not wagering agreement.
Quasi contract constructs are the contract presumed by law.
These are the contract which are imposed by law.
Contingent contracts typical types
Contract of insurance
Contract of indemnity
Essentials of a contingent contract
Performance of a contingent of a contingent contract depends upon happening or non-happening of some event.
Illustration
Nissan promise to pay rs.
10, 00,000 to the bank if his
friend Shasn fails to repay
the loan. Nissan shall be
required to perform only
when event of failure by
Shashank happens.
Contingent event v. will of the promisor
Performance of contingent
contract depends upon
happening or non-happening
of an uncertain event
The event may be an act. and
accordingly contract may be
contingent on act of party to
the promise or of a third part
Illustration
Tushar promises to pay Rafiq Rs.
100000 if Tusar desires- it is no
contract at all.
Tusar promises to pay Rafiq Rs.
100000 if Rafiq goes to Delhi before
next January- it is a contingent
contract since if depends upon act of
Rafiq going to Delhi before next
January , which is an uncertain
event.
Rules Regarding Enforcement of contingent contract
• When contingency is the “happening of an event” – Sec.32
• When contingency is the “non- happening of an event”—Sec.33
• When contingency is the “ future conduct of a living person”—Sec.34
• When contingency is the “happening or non-happening of an event within a fixed time”—Sec.35
When contingency is the happening of an event –
Sec.32
Contract cannot be enforced unless and until the event has happened.
If the event becomes impossible , such contracts become void
Illustration Reuel makes a contract with Rafiq to
buy Rafiq’s house if Tushar dies
before Reuel. This contract cannot be
enforced till the death of Tushar.
A makes a contract with B to sell a
house to B at a specified price, if C , to
whom the horse has been offered,
refuses to buy him. The contract
cannot be enforced by law unless and
until C refuses to buy the house
When contingency is the “non- happening of an event”—Sec.33
Contract can be enforced only when happening of the event becomes impossible
IllustrationA agrees to pay B a sum
of money if a certain ship
does not return. The ship
is sunk. The contract can
be enforced only when
the ship sinks.
When contingency is the “future
conduct of a living person”—Sec.34
The contract becomes void when such person does anything to make the event impossible
IllustrationA agrees to pay B a sum of
money if B marries C. C
marries D. The marriage of B
to C must now be considered
impossible, although it is
possible that D may die and
that C may afterwards marry
B.
When contingency is the “happening of an
event within a fixed time”—Sec.35
Contract becomes void :
__ If, at the expiration of
the time fixed, such event
has not happened.
__ If , before the time
fixed such event becomes
impossible.
IllustrationA promises to pay B a sum of
money if a certain ship returns
without a year. The contract
may be enforced if the ship
returns within the year, and
becomes void if the ship is
burnt within the year.
When contingency is the “non-happening of
an event within a fixed time”—Sec.35
Contract may be enforced:
-When the time fixed has
expired and such event has not
happened.
-When before the time fixed
has expired, it becomes certain
that such event will not
happen.
IllustrationA promises to pay B a sum of money if a certain ship does not return without a year.The contract may be enforced if the ship does not return within the year, or is burnt within the year.
QUASI – Contractof introduction
Quasi contract may be exercised under following five condition-
Necessaries of life supplied to incapable person or to his dependents.
Person pays money on behalf of the one, who is legally bound to pay.
Person enjoying the benefits of no gratuitous act.
Person finds the goods belonging to others.
Person to whom money has been paid or anything delivered by
mistake or under coercion.
Types of Quasi Contract • Claim for necessaries supplied to persons incapable of contracting. Sec—68
• Right to recover money paid for another person. Sec—69
• Obligation of person enjoying benefits act. Sec—70
• Responsibility of finder of goods. Sec—71
Liability for money paid or thing delivered by
mistake or by coercion. Sec—72
Liability for money paid or thing delivered by mistake or by coercion. Sec—72
Claim for Necessaries supplied to
persons incapable of contracting If a person,
_incapable of entering into a
contract, or
_any one whom he is legally bound
to support
_is supplied by another person with
necessaries suited to his condition
in life
_the person who has furnished
such supplies is entitled to be
reimbursed from the property of
such.
Illustration
A supplies B, a minor necessary
book for his studies. A is entitled
to be reimbursed from B’s
property
A supplies daily ration to the
wife and children of B, a lunatic. A
is entitled to be reimbursed from
B’s property.
Right to recover money paid for
another person•A person,
Who is interested in the payment of money
Which another is bound by law to pay, and Who therefore pay it, Is entitled to be reimbursed by the other.(Sec.69)
Illustration
A is tenant of house owned
by B. B has not paid municipal
taxes due to corporation and
corporation has ordered
seizure of the property . A pay
the taxes to corporation. A can
recover this money from B.
Obligation of person enjoying benefits act
Where a person,
Lawfully does anything for another
person, or delivers anything to
him , and He does not intend to do
so gratuitously, and Other person
enjoys the benefit thereof , The
latter is bound to compensate the
former in respect of the thing so
done or delivered.(Sec.70)
Illustration
A, a tradesman, leaves goods at
B’s house by mistake. B treats the
goods as his own. He is bound to
pay A for them
A saves B’s property from fire. A
is not entitled to compensation
from B , if the circumstances,
show that he intended to act
gratuitously .
Responsibility of finder of goods
A person who finds goods
belonging to another, and takes
them into his custody ,is
subject to the same
responsibility as a Bailee
(Sec.71)
Thus a finder of goods has:
_To take proper care of the goods
as a man of ordinary prudence
would take.
_No right to appropriate the good
Illustration
Rafiq , a shopkeeper finds a
diamond bracelet in his shop and
keep it in an open shelf from
where it goes missing. Rafiq is
liable to compensate the owner
since he has not taken the proper
care which a prudent man would
have taken.
Liability for money paid or thing
delivered by mistacke or by coercion-A person to whom money
has been paid, or anything
delivered,by mistake or
under coercion,
-Must repay or return it.
(sec.72)
Illustration
Rafiq and Tushar jointly owe 200
rupees to Masum, Rafiq alone pays
the amount to Masum and Tushar
not knowing of this fact pays 200
rupees over again to Masum.
Masum bound to repay the
amount to Tushar.
• To conclude I want to say my opinion in this way that contingent contract is a conditional contract on the other hand Quasi contract is like a contract but not exactly a contract .